ABSTRACTS and the Land Registration System

ABSTRACTSand the Land Registration System

prepared by Catherine S. Walker, Q.C.

Abstracts and the Land Registration System 2

Foreword

The Nova Scotia Barristers’ Society’s original Real Estate Standards contained a signifi cant amount of detail about what an abstract of title should contain. The Professional Standards: Real Property Transactions in Nova Scotia (2002) are now less prescriptive about the form of an abstract. In light of that change, it was determined that the Society, for the benefi t of members and as part of the education program for the Land Registration Act, would prepare an advisory paper to provide Land Registration Act, would prepare an advisory paper to provide Land Registration Actguidance to the real estate lawyer about both the form and content of an abstract of title.

Given the possible extinguishment of third party interests, and the possible review or audit of the abstract by others, a re-examination of the principles of abstracting is both essential and timely. Abstracts fi led in support of the migration of a parcel into the new land registration system record the last historic search of the parcel’s title. This search will not be repeated.

Charles W. MacIntosh, Q.C., at the Society’s request, prepared a paper on abstracting. The Society is indebted to him for his efforts. This paper resulted in considerable discussion and debate among those responsible for the implementation of the Land Registration Act, and it was recognized, as noted above, that a different approach was required. This version was primarily authored by Catherine S. Walker, Q.C., with input and comments from the LRA trainers (J. Ronald Creighton, Q.C.; K.H. Anthony Robinson, Q.C.; Anthony L. Chapman, Q.C.; David F. Curtis, Q.C.; Erin O’Brien Edmonds, Q.C.; Frank E. DeMont, Brenda L. Rice Thomson, and Ian H. MacLean) and the Professional Standards Committee (R. James (Jim) Filliter; John W. Alward, Q.C.; Richard W. Cregan, Q.C.; David F. Curtis, Q.C.; Garth C. Gordon, Q.C.; James A. Gregg, Dwight J.W. Rudderham and Ivo R. Winter). Deborah Rozee and the staff of the Nova Scotia Barristers’ Liability Claims Fund also provided assistance throughout.

The Society is indebted to all of them for their efforts as we endeavour to maintain the highest quality of practice and professionalism in the practice of real estate law.

Darrel I. PinkExecutive DirectorNova Scotia Barristers’ Society


I Introduction

The abstract of title is the underpinning of a lawyer’s exercise of professional judgment as to the marketability of title. This will continue under the new electronic land registration system1. The principles associated with the preparation of an abstract of title have not changed for the purposes of certifying title under the new land registration system. However, the lawyer’s exercise of professional judgment, evidenced by the abstract of title, may undergo a new level of review as it supports the lawyer’s certifi cate of title to the government and becomes part of the government’s land registration information.

Currently, an abstract is prepared based on those documents on record in the public Registry offi ces. A lawyer, after reviewing the abstract, provides his or her client with an opinion as to a property’s marketability. The abstract is kept in the lawyer’s offi ce, available for a review in the event that there is a subsequent challenge to the lawyer’s opinion. Any subsequent buyer would follow the same process, having a lawyer procure a new title search, prepare a new abstract, and provide a new opinion as to the marketability of the title. Any concerns raised by the buyer’s lawyer, would be dealt with by the seller’s lawyer on behalf of the seller, or, where appropriate, the previous lawyer who certifi ed title.

Under the new land registration system, a lawyer, after reviewing the abstract, will be required to certify the state of the title to the Registrar General, who is the representative of the provincial government, for purposes of moving or “migrating” a property from the registry system to the new land registration system. This opinion forms the basis for the government guarantee of title, and is the last historic search that will be done of that property. The abstract of title, evidencing the basis of the lawyer’s exercise of professional judgment, is part of the “bundle” of documents that a lawyer must fi le when certifying the state of a title to the Registrar General2. The bundle must include the abstract, but may also include information not registered in the chain of title for the parcel that must be either put on record, if unrecorded, or included if appropriate, in the lawyer’s notes in the abstract. For example, if a joint tenant dies, and there is no evidence of the death in the chain of title for the parcel being migrated, but it is documented at the Registry offi ce in the context of another parcel of land owned by the same surviving joint tenant, then the particulars of where the death is documented should be noted by the lawyer in the abstract. In that way, although the abstract on its face indicates an outstanding interest, it will also note that the lawyer has turned his or her mind to the matter, and has satisfi ed himself or herself that the interest is not outstanding. If, on the other hand, there is an unrecorded death certifi cate or obituary evidencing the death on which the lawyer is relying for his or her opinion, that information must be registered prior to a lawyer certifying to the government. Similarly, an unrecorded declaration as to adverse possession on which a lawyer is relying for his or her opinion must be registered prior to the lawyer cerifying to the government.

1 Land Registration Act, S.N.S. 2001, c.6, s.37(9)Land Registration Act, S.N.S. 2001, c.6, s.37(9)Land Registration Act2 Land Registration Administration Regulations N.S. Regs. 53/2003, s.9(3)(c); Supra, note 1 at s. 37(4)(c)


Notwithstanding that the curtain will be drawn, a lawyer must ensure that the public record as to the state of title and chain of ownership is complete prior to migration. This will involve the appropriate exercise of professional judgment. For example, if a lawyer has knowledge that a mortgage has been discharged and has a release in hand, that release must still be registered. It is not enough to include the release in the bundle. The requirement is based not only on the fulfi llment of the lawyer’s undertaking in relation to a sale transaction, but also on the requirement to certify the state of title refl ected on the public record. If the abstract contains evidence of an outstanding mortgage, then that must be shown as a security interest in the parcel at the time of the migration, unless the release is registered prior to migration of a parcel.

The bundle, including the abstract of title in support of a lawyer’s exercise of professional judgment and certifi cate of title, will be reviewed by others. Although not available for public viewing, it becomes part of the information of the land titles system. Bundles will be subject to random audit by the auditors jointly appointed by the government and the Nova Scotia Barristers’ Society, and depending on the result of an audit, the lawyer may also be subject to a practice audit by the Nova Scotia Barristers’ Society.

While the process of abstracting has not changed, the context within which an abstract will be stored, examined, and relied on has changed, and this warrants a review of the physical appearance, preparation and review process for the abstract under the Land Registration Act.


II The Physical Appearance of the Abstract

While there may be some variations of convention in the physical appearance of an abstract, there are generally accepted principles which govern the content and organization of abstracts. Attached as appendices are samples of abstract information organized in accordance with the recommended format described below.

a) Organization and Content of the Abstract:3

• it must be legible, although not necessarily typed;• the title search requisition must identify the lands under search, by the attachment of either

a copy of the certifi ed description if the initial process under the land registration system for the certifi cation of legal descriptions has been completed, the Parcel DescriptionCertifi cation Application (PDCA); or the legal description believed to be the most recentand complete;

• the abstract should be organized in historic order from the oldest to the newestdocument affecting the lands being searched;

• each page, or each document abstracted, should be numbered sequentially for ease of reference;

• if there is a plan fi led approving the lands under search, it should be placed at the head ofthe abstract behind the legal description and the plan number noted on the front orsummary section of the abstract. If there is no plan, this should also be noted on theabstract summary page;

• restrictive covenants affecting title, and not included in the legal description, should beplaced at the beginning of the abstract behind the legal description;

• judgments and expropriations relating to the abstract would usually be found at the end ofan abstract;

• it is recommended that a wide margin be included on the right or left hand side of thepages to allow for annotation of the abstract by the reviewing lawyer for ease of subsequentreview by the lawyer or audit.

b) Abstracted Instruments:Each instrument affecting the land being searched should be summarized in the manner and with the information identifi ed in Appendix III.

c) Use of Summary Worksheets:A summary of the title searcher’s fi ndings identifying outstanding interests in the lands, or security interests undischarged may be noted on the front, or summary portion of the title abstract to assist in the lawyer’s subsequent review. A sample front page is attached as Appendix I.

A further summary form, using the language of the Land Registration Act is found in Appendix II. Land Registration Act is found in Appendix II. Land Registration ActThis summary sheet uses the new language of the electronic world, and will assist the lawyer in completing the initial registration process, Application for Registration (AFR), once a review has been completed by the lawyer.

3 Based on and consistent with the Professional Standards: Real Property Transactions in Nova Scotia (2002), online at www.nsblcf.ca, at Standard 3.1 - Abstracting


III The Process of Preparing the Abstract

While many lawyers develop a level of comfort with regard to the format for an abstract, experience varies as to a lawyer’s knowledge of hands-on title searching. Some lawyers search for themselves, but most instruct searchers to carry out this work for them. This paper is not a treatise on how to prepare an abstract step by step. This section attempts to summarize the principle elements that should be kept in mind when a lawyer prepares, or causes to be prepared, an abstract of title for a lawyer’s review. The list below, while not exhaustive, identifi es the primary aspects of the process for preparing an abstract.

Complete RecordAn abstract must be capable of being read and understood without reference to other documents outside of the record - it must be complete in and of itself4documents outside of the record - it must be complete in and of itself4documents outside of the record - it must be complete in and of itself . This means that all instruments on record affecting the title to a parcel of land must be included in an abstract of that title. If there are documents that have been examined outside of the Registry of Deeds that relate to a parcel being searched (for example relating to a foreclosure, confi rming which mortgage was foreclosed at the Prothonotary’s offi ce), this should be included in the abstract.

Root of TitleA search must “begin at the beginning” and must commence at a point that enables a lawyer to certify that the title is marketable pursuant to the Marketable Titles Act or other legislative or Marketable Titles Act or other legislative or Marketable Titles Actcommon law authority - most often this will be a point at least 40 years before the search is commenced5.

Legal descriptionA search must clearly identify the legal description for the parcel that is being searched. Changes in the legal description over the time period of the search should be noted, and copies of all changes included in the search6. The abstract should include the title searcher’s drawing of the legal description for the lot under search, and for each legal description over the time period of the search, if the legal description has changed during that period. The drawings should contain all specifi c references that are given in the legal description, including references to adjoining land owners, metes and bounds descriptions of distances and directions.

Ownership InterestA search should identify the manner in which title is held (eg. joint tenants, or tenants in common) and the extent of each separate interest affecting the parcel. (eg. undivided one half, one quarter etc.).

Execution A title searcher must review how each document has been executed and must note in the abstract if it has been executed under a Power of Attorney. A searcher must also abstract the

4 Ibid; Supra, note 2, at s.9(3)(c)5 Ibid; Supra, note 16 Supra, note 1, at s.37(5); Supra, note 3, at Standard 2.1 - Legal Descriptions7 Supra, note 3, at Standard 4.1 - Powers of Attorney


Power of Attorney document. If the Power of Attorney has not been recorded, this must be noted in the abstract and noted on the summary page.

Crown GrantA search should identify whether the lands were granted by the Crown, and if this cannot be determined from a search at the Registry of Deeds offi ce it should be in the summary notes. If ungranted, this should also be noted.

PlansA search must include a copy of any approved plan for the lands being searched, or identify the evidence which allows a reviewing lawyer to assess whether the lands are exempt from the requirements of the Municipal Government Act8Municipal Government Act8Municipal Government Act .

Discrepancy between Legal Description and PlanA search should note any discrepancies in the legal description either over the search time frame, or with the plan9. If the certifi ed description from the PDCA is provided for purposes of the search, then the search should note any discrepancies that arise in the search from the certifi ed description.

AccessA search should identify the means of access for the lands10. Access will need to be identifi ed on the Application for Registration (AFR) 11 under the new system.

Private AccessA search must be carried out for any private access to a property, unless the access is described in the legal description for the entire marketable title time frame. If the private access crosses over another lot, then the legal description of the other lot affected should be checked to determine if the easement is described in the same manner for both lots - any discrepancy should be noted in the summary notes12.

Prescriptive or Possessory RightsIf prescriptive rights or possessory interests appear evident from the records, the search should include copies of any documents which evidence those rights13.

Name ChangeA search should be clear with regard to the names of all parties involved in the documents affecting the lands14, and the search should document any change in the names of the parties since they acquired an interest in a parcel.

8 Municipal Government Act, S.N.S., c.18, ss. 268-292; Supra, note 3, at Standard 2.1 - Legal Descriptions9 Supra, note 3, at Standard 2.1 - Legal Descriptions10 Supra, note 3, at Standard 2.3 - Access11 Supra, note 1, at s. 37(4)(b)12 Supra, note 1; Supra, note 3, at Standard 2.3 - Access13 Supra, note 3, at Standards 3.2 - Possessory Title and 3.3 - Prescriptive Rights14 Personal Property Security Act, General Regulations, N.S.Reg. 129/97 ss. 19-22; Supra, note 3, at Standard 4.3 - Name Standards


RecitalsIf a deed or other document contains recitals which help to explain the chain of title to the parcel of land under search, a title searcher must include the recitals in the abstracted information.

Matrimonial StatusThe matrimonial status of parties conveying an interest in land should be noted in the abstract of each instrument- usually as declared in the matrimonial affi davit attached to a document15. Sometimes matrimonial affi davits contain recitals or other information relevant to the title, including statements about similar name judgments. This should be included in the abstracted information.

EstatesThe identifi cation of the will or administration particulars in a search will determine how the names are entered on the AFR, and should comply with the naming standards16. A copy of the will should be attached to the search. As well, a search should note whether the will was executed before or after the new Probate Act effective October 1, 2001.

The above comments relating to the process of preparing an abstract are general principles, a guide to the process of gathering the information that will be needed for a lawyer’s review and subsequent exercise of professional judgment as to the marketability of title in accordance with the Professional Standards.

15 Matrimonial Property Act, R.S.N.S. 1989, c. 275, s. 8(3); Matrimonial Property Act, R.S.N.S. 1989, c. 275, s. 8(3); Matrimonial Property Act Vital Statistics Act, R.S.N.S 1989, c. 494; Supra, note 3, at Vital Statistics Act, R.S.N.S 1989, c. 494; Supra, note 3, at Vital Statistics ActStandard 1.7 - Matrimonial Property Act/Vital Statistics Act16 Supra, note 14


IV Lawyer’s Review and Opinion

The Professional Standards17 are the cornerstones for the real estate lawyer’s exercise of professional judgment in certifying whether a title is marketable. The exercise of professional judgment begins with a lawyer’s review of the abstract of title. The Professional Standards direct the lawyer to specifi c issues that should be addressed in the process of opining as to a title’s marketability, but the fi nal determination is for the lawyer to both make, and defend.

While a lawyer may delegate the actual preparation of a search, with appropriate direction and supervision, a lawyer must review the abstract once prepared, in order to form an opinion as to the state of a title to a parcel of land18.

The Professional Standards address the process for dealing with qualifi cations to title that a lawyer identifi es during the review process. Any qualifi cations must be explained to the client, documented in the lawyer’s fi le19, and noted in the opinion of title to the Registrar General. The qualifi cations should also be documented to the client in writing20.should also be documented to the client in writing20.should also be documented to the client in writing

The review of an abstract and the exercise of professional judgment by a lawyer is inherently tied to and yet distinct from the information gathering role of the person abstracting the records. For example, while a searcher is guided to include in a search both reference to and a copy of an approved plan, if any, it will be the lawyer who must determine whether the requirements of the Municipal Government Act21 Municipal Government Act21 Municipal Government Act have been met with regard to a particular parcel. A further example would be the suffi ciency of the legal description. A searcher will include reference to the changes to a legal description over the history of the title search time frame, but the lawyer must determine whether the legal description is complete. For example, if an easement has been referenced in earlier descriptions, but not in later ones, the lawyer should ensure that, if appropriate, the description to be included in the current document being prepared includes the easement22.

The Professional Standards speak about the need for documentation23. This may include a lawyer’s notes in the margin of a search, or may include a fl ow chart whereby the lawyer has summarized the ownership history of the parcel of land (see Appendix IV). It should be apparent from a review of the abstract how a lawyer has reconciled any issues apparent from the record of the title. This may include, as referenced earlier, a note of relevant information on record for another parcel (e.g. the death of a joint tenant).

A lawyer’s obligation in the review process of a particular parcel may involve an assessment of other parcels. For example, if there is an easement over another parcel, a lawyer would assess whether the other parcel mirrors a reference to the same easement. If not, the impact if any, should be considered by the reviewing lawyer. 17 Supra, note 318 Supra, note 3, at Standard 1.3 - Certifi ed Opinion of Title and Certifi cate of Legal Effect19 Ibid.20 Supra, note 3, at Standard 1.5 - Documentation21 Supra, note 8, at ss. 268 - 29222 Supra, note 3, at Standard 2.1 - Legal Descriptions23 Supra, note 3, at Standard 1.5 - Documentation


Under the new land registration system, new obligations arise in the review process because the parcel being migrated may involve another parcel, and may affect other owners’ interests. A lawyer must be aware of the impact of migration of a parcel on the client and persons other than the client24.

One of the unique aspects of the land registration system is that it allows for a lawyer to certify titles that are based on adverse possession only, and once certifi ed, any other interest claimed may be converted from a right in rem to a right to claim compensation onlyin rem to a right to claim compensation onlyin rem 25 to a right to claim compensation only25 to a right to claim compensation only . Again, a lawyer must assess the suffi ciency of the evidence on record supporting the adverse possessory title and make a determination as to whether additional objective evidence is required26.

As described above, the lawyer’s role is to review the search and additional information relating to title to the parcel, exercise professional judgment as to the interests affecting the parcel, and document in the offi ce fi le and also in the abstract fi led with the government, all the information which is relied on for the opinion of title to the Registrar General.

24 Supra, note 3, at Standard 1.2 - Migration Under the Land Registration Act25 Supra, note 1, at ss. 39 and 7426 Supra, note 1, at Standard 3.2 - Possessory Title and 3.3 - Presciptive Rights


V Conclusion

While the Land Registration Act requires lawyers to translate traditional principles associated with the Land Registration Act requires lawyers to translate traditional principles associated with the Land Registration Actreview of a title into “electronic speak,” and provides a new context in which an abstract will be reviewed, title certifi ed, and bundles fi led, the lawyer’s opinion is still based on all of the relevant evidence that is available to the lawyer for review.

Lawyers have been afforded a special role in the preservation of the integrity of the land fabric in Nova Scotia through the process of the lawyer’s opinion that is provided to the Registrar General at the time each parcel of land is migrated into the new land registration system. The role that lawyers have been performing for over 250 years is now embodied in the Land Registration Act, and forms a Land Registration Act, and forms a Land Registration Actfi rm foundation for the new land titles system that will serve Nova Scotians well into the future.


Appendix 1

SEARCH REQUEST & ABSTRACT SUMMARY REPORTAbstract #

Matter #

SEARCH REQUEST: Date Requested 200__ Date Required 200__

Vendor(s) M/S? _________Tenancy _______ RJSC (escheat) OK? G

Purchaser/Mortg agor(s) RJSC (escheat) OK? G

Instructions: Full search G Sub-search from ___________________ to date Comments

PROPERTY PARTICULARS: PID # AAN POL Printout ( )

Civic address

Lot(s) Subdivision

Survey Certificate: (S urveyor/Certificate #/D ate) Encroachments/Possessory Interests? No G Yes G

Intended use See "Access" below, for caution if no frontage on road listed & actively maintained by DOT

Back Title Info & Comments

ABSTRACT SUMMARY REPORT

Underlying Crown Interests: Parcel was granted: Yes G Grant Sheet G No

Root of Title (MTA 40 yrs +) No G Yes G - Deed? Yes G Other Root?

Title is vested in: Above Vendors G Other(s) Tenancy? JTG TIC G

Restrictive Covenants: None G Yes G - any apparent breaches? No G Yes G

Unreleased Encumbrances: None G Yes G

Unreleased Judgments: Vendor(s): None G Purchaser(s)/Mortgagor(s): None G O/S Judgments G see Abstract

Burdens ("Su bject to" interests): e.g. easements, rights of way, leases: None G Yes G

Interests ("Togethe r with" interests) e.g. easements benefiting parcel: None G Yes G

Description matches Survey? Yes G No G

Planning: Approved parcel G Plan # Pre-April 17, 1987 parcel - Yes G Not approved or validated G

Access: Public Road G (If parcel has no fron tage on a publ ic road both lis ted & ac tively m aintai ned by D OT che ck Land Use B y-law & caution clien t about Land Us e By-law limits/prohib itions on future de velopmen t permits.)

Private Granted Access G - searched title to acces s & clear G

Private Not Granted Access G - facts evidencing right to use G

Attach copies o f:G Current desc. G Each new legal desc in chainG Root Inst. G RestCov G Jmnts

G Burdens G Interests G Wills & Administrations G Proof of Death A/RG B/L Su rvey

G Access G Recitals G POL printout G RJSC printouts

Searched title & judgments to: Book ______ Page _____ Doc #________Notes:______________________________________________________________________________________________________________________________________________________________________________________________________________________

______________________________________________________________________________________________________________________________________________________________________________________________________________________

Searcher’s signature Date____________________________

LAWYER'S INSTRUCTIONS: Requisition o/s mortgages & judgments G Other

Index under Purchasers' & Vendors' names and

Lawyer’s signature____________________________________________________Date___________________________________

Date Indexed ___________________ Indexed by _________________________ Cards done


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APPENDIX I

REQUISITION FOR TITLE SEARCH

SOLIICITOR: _____Lawyer X______________ DATE: ____August 1, 2003____________

PURC HASER /MOR TGAGO R: ______________ TITLE DE ADLINE : __August 15, 2003_______________________________________________ CLOSIN G DATE : ___September 30, 2003___VEND OR: __Joseph Dale Black ____________ PRO PER TY - Lo t No. __12____________________________Maria Ann Black_______________ S/D: __Logan____________________________TITLE VE STED IN: Same_________________ OTHER (Acreage ) __________________________________________________________________ CIVIC ADDRESS: ____15 Logan Drive_____

SEARC H DESC RIPTION AT BO OK/PA GE: ___567/219____________________________________________________________________________________________________________________________________

BACK TITLE: ______________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________INSTRUCTIONS: ____Please do full search.___________________________________________________

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SEARCH REPORT

SEARC HED B Y: ___Searcher Y_____________ SEARCHED TO: ______Aug 15/03________________

REAL PROPE RTY TO DO CUMEN T # _2043________

JUDGEMENTS TO DO CUMENT # _________________ (PURCHASER) (MORTGAGOR) # ___2043______ (VENDOR)

EXPROPRIATIO NS: ___Nil_______________________

PLAN #____Nil____________ APPROVES LA NDS UNDER SEA RCH: _____________________________

TITLE NO TES: ___(1) Mtg - See item # 7 - B Mtl o/s__________________________________________

_____(3) Easement NSPI See item # 5_______________________________________________________

_____(4) Restrictive covenants -= copy attached item # 3_____________________________________

_____(2) See item # 2 - poss o/s interest - Mary - See Item # 2________________________________

APPENDIX IIIRequisition for Title Search


Lawyers Comments

(1) QCDDoc # 285160/2Jan 1, 1962Jan 10, 19621.00

John Brown et ux. Susan Brownto

George Jones & MaryJones (as J.T.)

- conveys 200 a. incl. Lot 12- see description attached

QCDOK root

(2) WDDoc # 560175/43Feb 1, 1973Feb 15, 19741.00

George Jones

toLanding Developments Ltd

- conveys 100 a. incl. Lot 12- see description attached- no marital status

George & MaryJ.T. - Mary died - see recital in deed for 50 a. parcel Deed 1974BK

(3) WDDoc # 1483221/467July 5, 1974July 6, 19741.00

Landing Developments Ltd

toStanley Zinck

- conveys Lot 12, with restrictive cov. - as at head of abstract

– No plan – ok - predates 1987

(4) WDDoc # 1325432/53May 1, 1975May 5, 19751.00

Stanley Zinck etux Georgia Zinck

toGeorge Smith et uxMartha Smilie (as JT)- conveys Lot 12- no reference to restrictive covenants

– ok – still attach

APPENDIX IIIABSTRACT


(5) EasementDoc # 2346567/223Aug 5, 1980Aug 15, 19801.00

George Smith et uxMartha Smilie

to Nova Scotia Power Inc.

- easement for power lines over front 20 of lots fronting on Logan Drive including inter alia Lot 12 – see attached

(6) WDDoc # 1459567/219Feb 1, 1983Feb 5, 19831.00

George Smith et uxMartha

toMaria Ann Blacket ux Joseph DaleBlack as j.t.- MPA - spouses- conveys lot 12- subject to restr. covs. (as at head of abstract)- no ref. to easement OK - appurtenance

(7) MtgDoc # 951678/345Feb 1, 1983Feb 5, 198349, 543.00(Joe Lawyer)NOT MARKED

RELEASED

Marie Black & Joseph Balckto

Bank of Montreal

- MPA - spouses- mtges Lot 12 - no ref to restrict. cov.

APPENDIX III, continuedABSTRACT


APPENDIX III, continued

Information to be included when abstracting an instrument

1. Type of document;2. Parties to the instrument and nature of ownership (ie. joint tenants etc.);3. Date and registration particulars (document number);4. Matrimonial status of Grantor declared (re MPA);5. Interest that is subject of instrument, if other than fee simple;

( ie. wife’s interest being conveyed to husband , “all my interest” and “my one half share”);6. Lands that are the subject of the instrument;7. Consideration, if declared;8. If a security interest, charge or judgment - whether it is marked as released (in part or in

whole) satisfi ed;9. Identifi cation of recitals, restrictive covenants or anything of note in the instrument.

Recommended Abbrevations

Lot under search LUS (where possible this should be avoided and reference should be made to the specifi c lot)Mortgage Mtg, Mort Mtg, Mort Mtg, MortWarranty Deed WDDebenture DebRelease of Mortgage Rel Mtg, RMtgAssignment Assignment Assignment AssgmtAssignment of mortgage AssMtgPower of Attorney Power of Attorney Power of Attorney P.A., POAExpropriation ExpropExecutors Deed Exec. Deed, Trustees DeedQuit Claim Deed Q.C.D., QCDSheriffs Deed Sh Deed, Sher. DeedCrown Grant Crown Grant Crown Grant GrantRight of way Right of way Right of way R.O.W., ROW


APPENDIX IV

Lawyer’s Worksheet Appendix IV

DEED and MORTGAGE ABSTRACTSample

Lawyers’ Worksheet (Ownership)

Type of Instrument Parties Lands conveyedYear/Bk/Pg

(1) QCD 1962160/2

John & Susan Brown

George & Mary Jones ( J.T.) 200 a

(2) WD1973175/43

George Jones (Where’s Mary ?)

Landing Dev Ltd where

100 a

Mary ? – dead

(3) WD1974221/467

Landing Dev Ltd

Stanley Zinck

Lot 12Rest. cov.

(4) WD1975432/53

Stanley & Georgia

George Smith &Martha Smilie (JT)

Lot 12No ref rest. cov.

(5) Easement1980567/223

George & Martha

Nova Scotia Power Inc.

Easement201Lot 12

(6) WD1983678/340

George Smith & Martha Smilie

Maria Black Joseph (as JT)

Lot 12- rest. con.- no ref easement

Documents

ABSTRACTS and the Land Registration System